sec.36Announcement of entry and details of warrant to be given to occupier or other person at premises

sec.36 Announcement of entry and details of warrant to be given to occupier or other person at premises

This section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed. The authorised person executing the warrant must— identify himself or herself to that person; and announce that he or she is authorised by the warrant to enter the place; and before using force to enter, give the person an opportunity to allow entry; and give the person a copy of the warrant. The authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2) . (sec.36-ssec.1) This section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed. (sec.36-ssec.2) The authorised person executing the warrant must— identify himself or herself to that person; and announce that he or she is authorised by the warrant to enter the place; and before using force to enter, give the person an opportunity to allow entry; and give the person a copy of the warrant. (sec.36-ssec.3) The authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2) .

• (a) identify himself or herself to that person; and
• (b) announce that he or she is authorised by the warrant to enter the place; and
• (c) before using force to enter, give the person an opportunity to allow entry; and
• (d) give the person a copy of the warrant.